If legislators cannot agree on legislative approval of
regulatory proposals, they should at least pass a law that prevents state
agencies from promulgating regulations more stringent than federal requirements
without approval of the Legislature. State regulators frequently generate rules
that exceed federal restrictions with little or no oversight from elected
officials. While it may be appropriate in certain instances to adopt
regulations more stringent than federal law in order to protect human health or
the environment, this should be done only with explicit authorization from the
Legislature and not be left to the discretion of unelected regulators.[*]